Author: admin

  • Contested Divorce Process in New York

    Understanding the Contested Matrimonial Case Process

    A visual guide and explanation of the divorce timeline in New York State.

    Navigating a contested divorce can be one of the most complex legal challenges a person faces. The process involves multiple stages, strict deadlines, and specific legal filings. We have created the infographic below to simplify this timeline and help you understand where you stand in the process.

    Flowchart illustrating the 7 stages of a contested matrimonial case in New York. Full text description available below.
    Figure 1: The Standard Timeline for Contested Matrimonial Cases
    View Text Description of Infographic

    Step 1: Commencement. The Plaintiff files a Summons with Notice or Summons and Verified Complaint with the County Clerk.

    Step 2: Service. The Defendant must be personally served within 120 days of filing.

    Step 3: Response. The Defendant serves a Notice of Appearance or Verified Answer.

    Step 4: RJI. Request for Judicial Intervention is filed to assign a judge.

    Step 5: Discovery & Compliance. Both parties exchange financial documents (Net Worth Statements). Preliminary Conference is held.

    Step 6: Trial or Settlement. Note of Issue is filed signaling readiness for trial. If no settlement is reached, the case proceeds to trial.

    Step 7: Judgment. The Judge signs the Judgment of Divorce.

    1. Commencement of the Action

    Every matrimonial case begins with the filing of a “Summons with Notice” or a “Summons and Complaint.” This serves as the formal notification to the court that a legal action has begun. In New York, the person filing is the “Plaintiff” and the other spouse is the “Defendant.”

    2. The Preliminary Conference (PC)

    The PC is the first major court appearance. The judge will set a timeline for the rest of the case, including deadlines for discovery and dates for future appearances. It is vital to have experienced counsel at this stage to ensure the schedule is realistic for your situation.

    3. The Discovery Phase

    Once the case is active, both parties engage in “Discovery.” This is crucial for ensuring equitable distribution of marital property. You will be required to produce:

    • Statements of Net Worth
    • Tax Returns (3-5 years)
    • Real Estate Appraisals
    • Pension and Retirement Account Statements

    Failure to disclose assets during this phase can lead to severe penalties from the court.

    4. Compliance Conference(s)

    The Compliance Conference is a conference in which the parties come together to show the court how far they have gotten in the case and whether they have complied with the requirements of the previously issued court orders (PC Order, etc.) Often a new Order outlining next steps is signed by a judge in order to ensure the case moves along.

    4. Completion of Discovery & Filing of Note of Issue

    Once Discovery is completed, a Note of Issue must be filed. A trial date is usually scheduled at this point.

    What happens if the case doesn’t settle?

    All cases are moving towards a trial date. If a case settles before the court schedules a trial and holds one, a packet of documents is filed with the court by the parties and if it is acceptable to the court, Findings of Fact, Conclusions of Law and a Judgment of Divorce are issued. Otherwise there is a trial, which can lead to the same outcome, with the court deciding these items in its sole discretion rather than the parties agreeing in advance to the items contained therein.

    © 2026 Oeser-Sweat, P.C. All Rights Reserved. Attorney Advertising.
    Prior results do not guarantee a similar outcome.

  • Oeser-Sweat Mentioned In New York Law Journal Due To Novel Use of Resources During Pandemic

    Oeser-Sweat Mentioned In New York Law Journal Due To Novel Use of Resources During Pandemic

    Woman Teleconferencing with masked individual

    In a recent article in the New York Law Journal by Janet Falk, entitled Using COVID-19 as a Springboard for New Marketing Activity, Jamel Oeser-Sweat, Esq. and Oeser-Sweat, P.C. were mentioned as examples of how New York City Attorneys adapted and marketed their services during the Pandemic Shutdown.

    Falk’s marketing savvy is legendary. Her Lawline CLE: “Why Her & Not Me?”: How You Can Be the Attorney Reporters Call Without Losing Your License, was the most popular Lawline CLE in New Jersey.

    In the Article, efforts by Oeser-Sweat are highlighted:

    Jamel Oeser-Sweat created a COVID resource page for attorneys and individuals on his website. It offers “comprehensive information resources linking to real-time
    information sources,” which range from the New York City Department of health to the
    New York state courts to guidance from the federal Small Business Administration. He
    has a criminal defense practice at Oeser-Sweat.

    One of the key areas where the firm shined over the Pandemic was the use of Zoom.  You can learn more about our usage of Zoom and other telecommunications methods on our webpage. This includes our free download of Zoom Rules & Etiquette.

    The article notes:

    Speaking of Zoom, consider Oeser-Sweat’s approach to this tool and format. OeserSweat has been using Zoom for three years, “with one powerful computer that I treat like a Zoom phone booth. It has a virtual background and all the features I need to handle client work remotely.” Oeser-Sweat finds this Zoom setup particularly useful to
    arrange “meetings without logistical issues, which is especially important for those of us with practices that require field work, like court and site visits, and who do not sit at a desk full-time.” Given the rise of work from home for clients and referral sources, OeserSweat’s reliance on Zoom is likely to be followed by many other solo attorneys.

    Attorneys will continue to adapt to the unprecedented circumstances that the Pandemic presents. Our firm is proud to serve our clients through these times.

    Photo by Ann Shvets courtesy of Pexels.

  • 194 New York City Organizations Sign Letter to NYC Mayor Demanding Funding to Social Services Agencies be Restored

    194 New York City Organizations Sign Letter to NYC Mayor Demanding Funding to Social Services Agencies be Restored

    calculator and budget

    SCAN-HARBOR and 193 other Community Based Organizations in New York City signed a letter to the Mayor outlining how the COVID-19 Pandemic has amplified inequilities that exist within the institutions that all New Yorkers rely upon.

    The organizations joined with the City Council’s letter to the Mayor stating that proposed budget cuts were not equitable.

    The letter states:

    When we are facing a budget deficit where the city is emphasizing that difficult decisions must be made across the board, the decision to decrease funding for social services while maintaining funding for the NYPD is the opposite of what our values should be. Particularly in light of the actions of the NYPD over the last few days, it is clear that our city requires diametrically opposite approaches to repair what has been broken.

    The letter concludes with sound guidance:

    It’s time to invest in supporting our communities instead of policing them. It’s time to be bold by making targeted cuts to the NYPD. We need to protect investments in human services, the social safety net, racial and economic justice, and the vision that all New Yorkers deserve to thrive.

    Check out the article in CITYLIMITS for more information.

     

    Jamel Oeser-Sweat, Esq. is the President of the Board at SCAN-HARBOR.

    Photo by Pixabay courtesy of Pexels.

  • SCAN-HARBOR Receives Grant from Garden of Dreams to Provide Support during COVID-19

    SCAN-HARBOR Receives Grant from Garden of Dreams to Provide Support during COVID-19

    Bear with bandages

    SCAN-HARBOR recently received a grant in the amount of approximately $64,650 from the Garden of Dreams Foundation as a partner organization in connection with servicing persons affected by COVID-19 in Bronx and other parts of upper New York City.

     

    The grant from Garden of Dreams was part of a one million dollar grant program the Foundation established to assist partner organizations that serve low-income areas in New York City. There are 30 Partner Organizations.

    The funds will be used for the implementation of virtual education activities for inner city youth, to hire additional professionals to provide telehealth services, to provide support to children via a visual projective art project, to strengthen infrastructure through the purchase of computer equipment for staff, hiring IT professionals to support teleconferencing with clients and staff, and hiring staff to build food distribution resources.

    Check out the article in Bronx Times for more information.

    Jamel Oeser-Sweat, Esq. is the President of the Board at SCAN-HARBOR.

    Photo by Pixabay courtesy of Pexels.

  • Considering a Divorce in New York

    Considering a Divorce in New York?

    Understanding the grounds, residency requirements, and the difference between contested and uncontested proceedings.

    We know that the process is never as simple as it seems. Our goal is not to provide a one-size-fits-all solution—every divorce is different. This guide familiarizes those contemplating divorce with the essential decisions needed to determine whether to end their marriage.

    1. Residency Requirements (Jurisdiction)

    To file for divorce in New York, you must have specific ties to the state. You cannot simply move here and file immediately. You generally meet the requirements if:

    • Continuous Residency (2 Years): Either spouse has lived in NY continuously for at least two years before filing.
    • Residency (1 Year) + Link: Either spouse lived in NY for one year AND (1) you married in NY, (2) lived in NY as a couple, or (3) the grounds happened in NY.
    • Current Residents + Grounds: Both are residents on the day of filing AND the grounds for divorce happened in NY.

    2. You Need a Reason (Grounds)

    New York requires a legal reason to end the marriage. While “No-Fault” is the most common, others still exist in the law.

    Irretrievable Breakdown

    The relationship has broken down irretrievably for a period of at least 6 months. This is the most common ground (“No-Fault”).

    Cruel & Inhuman Treatment

    Specific acts that endanger the physical or mental well-being of the spouse, making it unsafe to cohabit.

    Abandonment

    Voluntary separation for at least one year without consent.

    Imprisonment / Adultery

    Imprisonment for 3+ years or commission of adultery are also valid grounds.

    3. Contested vs. Uncontested

    The cost and speed of your divorce depend entirely on whether you and your spouse can agree.

    Uncontested

    Your spouse agrees to the divorce AND agrees on ALL terms (custody, support, property). This is faster and less expensive.

    Contested

    Your spouse does not agree to the divorce OR disagrees on specific terms. This requires judicial intervention.

    4. The Process Overview

    1

    File Papers

    Purchase an Index Number and file the Summons with Notice or Summons and Complaint.

    2

    Serve Your Spouse

    Your spouse must be personally served with the papers. They will either answer or default.

    3

    Resolution

    The case is disposed of by Settlement or Trial/Inquest.

    Judgment of Divorce

    The Court signs the Judgment. Congrats, you are single!

  • Was Your Business Interruption Insurance Claim Denied?

    Was Your Business Interruption Insurance Claim Denied?

    DENIAL OF BUSINESS INTERRUPTION INSURANCE CLAIMS

    Was Your Business Interruption Insurance Claim Denied?

    If your business:

    1. had business interruption insurance;

    2. had losses that exceeded or will exceed $100,000 by the middle of June 2020;

    3. submitted a business interruption claim AND it was denied OR has not submitted a claim yet;

    We may be able to help you file a lawsuit!

    FREQUENTLY ASKED QUESTIONS REGARDING BUSINESS INTERRUPTION INSURANCE

    WHAT IS BUSINESS INTERRUPTION INSURANCE? Collapse

    Business Interruption insurance is a product that compensates your business in the event of an occurrence specified in the policy. The occurrences covered typically included things that prevent your entity or venture from doing business such as a fire, a disaster, or some other event outside of your control.  Business interruption insurance often promises to provide compensation for financial losses, often using business records to predict what your business would have earned if the event at issue had not occurred.

    WHAT DO YOU DO IF YOUR BUSINESS INTERRUPTION INSURANCE CLAIM WAS DENIED? Expand

    If your business interruption insurance was denied, you should review your policy documents to see what options you may have.  If the losses tied to your claim exceed one hundred thousand dollars ($100,000.00), we may be able to help you file a lawsuit in order to obtain relief or some remedy.

    Many have already sued their carriers for declarations of coverage and improper refusal to honor their insurance contracts. Claims include bad faith, failure to investigate, failure to promptly pay claims, unfair settlement practices, breach of contract, and violations of various state insurance codes.

    WHY ARE SOME BUSINESS INTERRUPTION INSURANCE CLAIMS BEING DENIED? Expand

    Many business interruption insurance claims have been denied recently based on the argument that there was no direct damage to the business which would trigger coverage under the policy. The rationale behind such a denial is that the recent pandemic for instance might be caused by a virus and there might not be a direct relation between the damage caused by a virus to third parties and the business that is seeking to file a claim under a policy. Such an argument might be harder to make if a storm destroyed a building housing the business. In the case of COVID-19, denials have been reported on the ground that the virus has not directly impacted the business in a manner that would require payment under the business interruption insurance policy. Situations have also been reported in which insurance companies deny coverage for business interruption even if the loss was because the government issued stay in place orders or ordered people not to go to work or school and those circumstances led to a loss of business.

     

    Several insurance companies have stated that claims based on business losses incurred in connection with COVID-19 may not be covered and that policy documents should be consulted.

    See also:

    https://www.thehartford.com/coronavirus/businesses

    https://www.travelers.com/about-travelers/covid-19-business-interruption

    DOES MY INSURANCE COVER BUSINESS INTERRUPTIONS CAUSED BY DISEASE? Expand

    Your insurance policy documents will best give you an idea of whether your insurance policy covers interruptions caused by diseases, pandemics, or viruses.  Even if a policy includes pandemic coverage, it might not cover your current situation. In other cases, the policy may require a direct connection between the pandemic and the losses suffered by your business. It may not be enough to have insurance and losses.  The policy may require that you are directly affected in such a way as your building was contaminated or your employees were infected.

     

    The New York State Department of Financial Service has a very useful FAQ on Business Interruption Insurance and coronavirus/COVID-19.

    NEED TO SPEAK TO A LAWYER?

    Do you think you have a potential case? Looking for a lawyer? Contact us.

    SEE FORM BELOW
  • Virtual Attorney-Client Meeting Information

    Virtual Attorney-Client Meeting Information

    Oeser-Sweat, P.C. Virtual Attorney-Client Consultations

    Our firm is taking steps to ensure the safety of our clients and our attorneys!

    We built our firm on 21st Century Infrastructure!

    Virtual Meetings

    Our firm utilizes several virtual conferencing services, including Google Meet and Zoom in order to meet with clients.

    Get Zoom Meeting Rules and Protocals

    Schedule Meeting

    All consultations and meetings are subject to additional approval and may be canceled or rescheduled at the sole discretion of our firm.

    Schedule Meeting

    Get In Touch

    Don’t compete with the Robo-Callers! If you are looking to contact us, please use our intake or contact page.

    Contact Page

    Looking to Hire an Attorney? Check Out our Intake Page!

    Our firm utilizes a virtual intake page for new matters. This allows us to work more efficiently and effectively and make sure your inquiry gets where it should!

    Go to Intake Page
  • Client Discount Program

    Client Discount Program

    Oeser-Sweat, P.C. Client Perks

    Doing the Little Things for Oeser-Sweat, P.C. Clients

    As a courtesy to Oeser-Sweat, P.C. clients, we are offering Oeser-Sweat, P.C. Client Perks, a FREE savings program that provides discounted pricing through the Corporate Perks program.

    Oeser-Sweat, P.C. Client Perks leverages the purchasing power of all members and families to negotiate Corporate Rates on your behalf. Whether you are shopping for Electronics, Automobiles, Movie Tickets or anything else, save with member pricing at hundreds of manufacturers, retailers and brands in all these areas.

    As an added benefit, all members can invite up to five family members or close friends to access members.

    Corporate Rates on Car Rental

    With our Corporate Codes, you’ll save every time you rent a car!

    Monthly Discounts on Cell Phone Service

    Apply a corporate discount to your existing or new cell phone plans from Verizon, AT&T, or Sprint.

    Member Pricing on Computers & Software

    Pay the same as employees of Lenovo, HP, Dell, and Apple pay for their products!

    How to Sign On

    Oeser-Sweat, P.C. Client Perks is accessible on-line by computer as well as on your mobile device.

    1. Visit the program https://oesersweat.corporateperks.com
    2. Log in with your email and password. First time users: Click the “Register Now” button to set up your account.
    3. Start saving!

    FAQs

    If you have any questions regarding Oeser-Sweat, P.C. Client Perks, please download and consult our full list of FAQs here.

    You can also refer to the Oeser-Sweat, P.C. Perks Help Center for assistance with any issues you are having with the program.